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Analysis of STF decisions under the focus of socio-cultural formation of magistrates: issues of abortion of anencephalus featus and of racial quotas

Grant number: 14/26135-2
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): August 01, 2015
Effective date (End): July 31, 2016
Field of knowledge:Applied Social Sciences - Law
Principal Investigator:Agnaldo de Sousa Barbosa
Grantee:Marcus Vinícius de Faria
Home Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

In recent years, own themes of social change dialectic have reached the Judiciary to solve conflicts, what has substantiated the judicialisation of Brazilian politics. In this branch, showed up the freedom struggles, for example, which consolidated the possibility of homosexuals constitute a family through marriage or that effected the policy of quotas for blacks and Indians people in Brazilian universities. Thus, this work has the purpose of analyzing the magistrates' body composition highest court in the Judiciary in Brazil, STF (Supremo Tribunal Federal), in order to apprehend the socio-cultural formation of ministers and how it influences their actions in cases which talk about the emancipation of notoriously subjugated groups in the social dialectic, discoursing about two important decisions in this court: the issues of the anencephalic abortion and of the affirmative action policies in Brazilian public universities. For this analysis, the work will be assisted by the sociological perspective of emancipation as counter-hegemonic struggle from the theoretical framework of Boaventura de Sousa Santos. How preciput aspect to of the observation of the social factors that engender the judicialisation process of Brazilian politics, will be used mainly the work of Bernardo Sorj and Luiz Werneck Vianna. For the prospective study of socio-cultural formation of the STF ministers, proves indispensable the use of Pierre Bourdieu's concepts. Besides, for this research, will serve us as sources the two judgments on analyzed themes, content produced by the media both in journalistic texts as in the specialized media, as seen in the own electronic site of the Supreme Court.